My first post delved briefly into the history and significance of the concept of “exclusive representation” in labor law. This post will explore the even more dubious application of the NLRA (private sector) model of collective bargaining (including exclusive representation) to the public sector.
With this series of posts, I return to constitutional law issues that SCOTUS will address in the 2015-16 term. One case in particular—Friedrichs v. California Teachers Association—is hugely important and has already generated a great deal of commentary. This site recently hosted an excellent Liberty Forum on the topic, Friedrichs, which involves a constitutional challenge to the compulsory payment of union dues by public employees, promises to be one of the most closely-watched cases next term.